Evolution Of A Condition Of Liberty: The Struggle From Discretionary To Non Discretionary To Market Rule.

Rule of Law is imposed upon men by the organized use of violence to prohibit discretionary rule.

Natural Law (property) provides Perfect Decidability to Rule of law, eliminating the need for discretionary rule.

Natural Law prohibits the imposition of costs upon others, by the universal requirement for productive, fully informed, warrantied, voluntary transfer of that which man has homesteaded or obtained such transfers, when the acts were limited to externalities of the same criteria: productive, fully informed, warrantied, voluntary transfer.

Common Law evolves incrementally by the identification of new methods of unproductive, insufficiently informed, unwarrantied, involuntary transfers, causing externalities of the same criteria, and adding those prohibitions to the canon of the law.

Law of the Commons (Government) evolves:

– First by concentrating rent seeking in the central authority, and suppressing familial, tribal, and local rent seeking, enabling each individual to act with his property in his best interests.

– Second, the law of the commons evolves by the organization of production of commons, while removing the inability to defect from (free ride upon) the costs of provisioning those commons.

– Third the law of the commons evolves to provide insurer of last resort as a service to the commons.

– Fourth, the centralized rent seeking is eliminated by the conversion of the functions of insurer, and commons-producer, into a market for the selection of commons and tolerance for insurance. (Contractualism).

Constitutions enumerate the processes by which rule of law, using market government, under natural law, is conducted by ordinary men.

By use of force to create and fund, then market to persist, the meritocratic order is constructed against the will of the free riders that constitute all but a minority of the population.

Man was not oppressed – he has been domesticated as surely as our plants and animals. Domesticated by the incremental suppression of parasitism through natural law, reproductive control, and aggressively culling the parasitic.

Curt Doolittle
The Propertaraian Institute
Kiev, Ukraine